Common Development and Distribution License (CDDL) Version 1.0
1. Definitions.
1.1. Contributor means each
individual _ entity that creates _ contributes _ the creation of
Modifications.1.2. Contributor Version means
_ combination of _ Original Software, prior
Modifications used by a Contributor (if any), _ the
Modifications made by that particular Contributor.1.3. Covered Software means (a)
_ Original Software, _ (b) Modifications, _ (c) the
combination of files containing Original Software with files
containing Modifications, in each case including portions
thereof.1.4. Executable means the
Covered Software in any form other than Source Code.1.5. Initial Developer means
_ individual _ entity that first makes Original Software
available under this License.1.6. Larger Work means a work
which combines Covered Software _ portions thereof with
code not governed by _ terms of this License.1.7. License means this
document.1.8. Licensable means having
_ right _ grant, _ the maximum extent possible, whether
at _ time of _ initial grant _ subsequently acquired,
any _ all of _ rights conveyed herein.1.9. Modifications means the
Source Code _ Executable form of any of _ following:A. Any file that results from an addition
to, deletion from _ modification of _ contents of a
file containing Original Software _ previous
Modifications;B. Any new file that contains any part of
_ Original Software _ previous Modification; orC. Any new file that _ contributed or
otherwise made available under _ terms of this
License.
1.10. Original Software means
_ Source Code _ Executable form of computer software
code that _ originally released under this License.1.11. Patent Claims means any
patent claim(s), now owned _ hereafter acquired, including
without limitation, method, process, _ apparatus claims,
in any patent Licensable by grantor.1.12. Source Code means (a) the
common form of computer software code in which modifications
are made _ (b) associated documentation included in or
with such code.1.13. You (or
Your) means an individual _ a legal
entity exercising rights under, _ complying with all of
_ terms of, this License. For legal entities,
You includes any entity which controls, is
controlled by, _ is under common control with You. For
purposes of this definition, control means
(a) the power, direct _ indirect, _ cause the
direction _ management of such entity, whether by contract
_ otherwise, _ (b) ownership of more than fifty
percent (50%) of _ outstanding shares _ beneficial
ownership of such entity.
2. License Grants.
2.1. _ Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1
below _ subject _ third party intellectual property
claims, _ Initial Developer hereby grants You a
world-wide, royalty-free, non-exclusive license:(a) under intellectual property rights
(other than patent _ trademark) Licensable by Initial
Developer, _ use, reproduce, modify, display, perform,
sublicense _ distribute _ Original Software (or
portions thereof), with _ without Modifications, and/or
as part of a Larger Work; and(b) under Patent Claims infringed by the
making, using _ selling of Original Software, _ make,
have made, use, practice, sell, _ offer for sale,
and/or otherwise dispose of _ Original Software (or
portions thereof).(c) _ licenses granted in
Sections 2.1(a) _ (b) are effective _ the date
Initial Developer first distributes _ otherwise makes
_ Original Software available _ a third party under
_ terms of this License.(d) Notwithstanding Section 2.1(b)
above, no patent license _ granted: (1) for code
that You delete from _ Original Software, or
(2) for infringements caused by: (i) the
modification of _ Original Software, _ (ii) the
combination of _ Original Software with other software
_ devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below
_ subject _ third party intellectual property claims,
each Contributor hereby grants You a world-wide,
royalty-free, non-exclusive license:(a) under intellectual property rights
(other than patent _ trademark) Licensable by
Contributor _ use, reproduce, modify, display, perform,
sublicense _ distribute _ Modifications created by
such Contributor (or portions thereof), either _ an
unmodified basis, with other Modifications, as Covered
Software and/or as part of a Larger Work; and(b) under Patent Claims infringed by the
making, using, _ selling of Modifications made by that
Contributor either alone and/or in combination with its
Contributor Version (or portions of such combination),
_ make, use, sell, offer for sale, have made, and/or
otherwise dispose of: (1) Modifications made by
that Contributor (or portions thereof); _ (2) the
combination of Modifications made by that Contributor
with its Contributor Version (or portions of such
combination).(c) _ licenses granted in
Sections 2.2(a) _ 2.2(b) are effective _ the
date Contributor first distributes _ otherwise makes
_ Modifications available _ a third party.(d) Notwithstanding Section 2.2(b)
above, no patent license _ granted: (1) for any
code that Contributor has deleted from _ Contributor
Version; (2) for infringements caused by:
(i) third party modifications of Contributor
Version, _ (ii) the combination of Modifications
made by that Contributor with other software (except as
part of _ Contributor Version) _ other devices; or
(3) under Patent Claims infringed by Covered
Software in _ absence of Modifications made by that
Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute _ otherwise
make available in Executable form must also be made
available in Source Code form _ that Source Code form
must be distributed only under _ terms of this License.
You must include a copy of this License with every copy of
_ Source Code form of _ Covered Software You
distribute _ otherwise make available. You must inform
recipients of any such Covered Software in Executable form
as _ how they can obtain such Covered Software in Source
Code form in a reasonable manner _ or through a medium
customarily used for software exchange.3.2. Modifications.
The Modifications that You create _ to which You
contribute are governed by _ terms of this License. You
represent that You believe Your Modifications are Your
original creation(s) and/or You have sufficient rights to
grant _ rights conveyed by this License.3.3. Required Notices.
You must include a notice in each of Your Modifications
that identifies You as _ Contributor of the
Modification. You may not remove _ alter any copyright,
patent _ trademark notices contained within _ Covered
Software, _ any notices of licensing _ any descriptive
text giving attribution _ any Contributor _ the Initial
Developer.3.4. Application of Additional Terms.
You may not offer _ impose any terms _ any Covered
Software in Source Code form that alters _ restricts the
applicable version of this License _ the
recipients rights hereunder. You may choose to
offer, _ to charge a fee for, warranty, support,
indemnity _ liability obligations _ one _ more
recipients of Covered Software. However, you may do so
only _ Your own behalf, _ not _ behalf of _ Initial
Developer _ any Contributor. You must make it absolutely
clear that any such warranty, support, indemnity or
liability obligation _ offered by You alone, _ You
hereby agree _ indemnify _ Initial Developer _ every
Contributor for any liability incurred by _ Initial
Developer _ such Contributor as a result of warranty,
support, indemnity _ liability terms You offer.3.5. Distribution of Executable Versions.
You may distribute _ Executable form of _ Covered
Software under _ terms of this License _ under the
terms of a license of Your choice, which may contain terms
different from this License, provided that You are in
compliance with _ terms of this License _ that the
license for _ Executable form does not attempt _ limit
_ alter _ recipients rights in _ Source Code
form from _ rights set forth in this License. If You
distribute _ Covered Software in Executable form under a
different license, You must make it absolutely clear that
any terms which differ from this License are offered by
You alone, not by _ Initial Developer _ Contributor.
You hereby agree _ indemnify _ Initial Developer and
every Contributor for any liability incurred by the
Initial Developer _ such Contributor as a result of any
such terms You offer.3.6. Larger Works.
You may create a Larger Work by combining Covered
Software with other code not governed by _ terms of this
License _ distribute _ Larger Work as a single
product. In such a case, You must make sure the
requirements of this License are fulfilled for _ Covered
Software.
4. Versions of _ License.
4.1. New Versions.
Sun Microsystems, Inc. _ the initial license steward
_ may publish revised and/or new versions of this
License from time _ time. Each version will be given a
distinguishing version number. Except as provided in
Section 4.3, no one other than _ license steward has the
right _ modify this License.4.2. Effect of New Versions.
You may always continue _ use, distribute _ otherwise
make _ Covered Software available under _ terms of the
version of _ License under which You originally received
_ Covered Software. If _ Initial Developer includes a
notice in _ Original Software prohibiting it from being
distributed _ otherwise made available under any
subsequent version of _ License, You must distribute and
make _ Covered Software available under _ terms of the
version of _ License under which You originally received
_ Covered Software. Otherwise, You may also choose to
use, distribute _ otherwise make _ Covered Software
available under _ terms of any subsequent version of the
License published by _ license steward.4.3. Modified Versions.
When You are an Initial Developer _ You want to
create a new license for Your Original Software, You may
create _ use a modified version of this License if You:
(a) rename _ license _ remove any references to
_ name of _ license steward (except _ note that the
license differs from this License); _ (b) otherwise
make it clear that _ license contains terms which differ
from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE _ PROVIDED UNDER THIS LICENSE _ AN
AS _ BASIS, WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED _ IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT _ COVERED SOFTWARE _ FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE _ NON-INFRINGING.
THE ENTIRE RISK AS _ THE QUALITY _ PERFORMANCE OF THE
COVERED SOFTWARE _ WITH YOU. SHOULD ANY COVERED SOFTWARE
PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT _ INITIAL DEVELOPER
OR ANY OTHER CONTRIBUTOR) ASSUME _ COST OF ANY NECESSARY
SERVICING, REPAIR _ CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
COVERED SOFTWARE _ AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.6. TERMINATION.
6.1. This License _ the rights granted
hereunder will terminate automatically if You fail _ comply
with terms herein _ fail _ cure such breach within 30
days of becoming aware of _ breach. Provisions which, by
their nature, must remain in effect beyond _ termination
of this License shall survive.6.2.
If You assert a patent infringement claim (excluding declaratory
judgment actions) against Initial Developer _ a Contributor (the
Initial Developer _ Contributor against whom You assert such claim is
referred _ as Participant) alleging that _ Participant Software
(meaning _ Contributor Version where _ Participant _ a Contributor
or _ Original Software where _ Participant _ the Initial
Developer) directly _ indirectly infringes any patent, then any and
all rights granted directly _ indirectly _ You by such Participant,
the Initial Developer (if _ Initial Developer _ not _ Participant)
and all Contributors under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate prospectively and
automatically at _ expiration of such 60 day notice period, unless if
within such 60 day period You withdraw Your claim with respect _ the
Participant Software against such Participant either unilaterally or
pursuant _ a written agreement with Participant.6.3. In _ event of termination under
Sections 6.1 _ 6.2 above, all end user licenses
that have been
validly granted by You _ any distributor hereunder prior to
termination (excluding licenses granted _ You by any
distributor) shall survive termination.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES _ UNDER NO LEGAL THEORY, WHETHER
TORT (INCLUDING NEGLIGENCE), CONTRACT, _ OTHERWISE, SHALL
YOU, _ INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, _ ANY
DISTRIBUTOR OF COVERED SOFTWARE, _ ANY SUPPLIER OF ANY OF
SUCH PARTIES, BE LIABLE _ ANY PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, _ CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE _ MALFUNCTION, _ ANY _ ALL
OTHER COMMERCIAL DAMAGES _ LOSSES, EVEN IF SUCH PARTY SHALL
HAVE BEEN INFORMED OF _ POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY _ LIABILITY FOR DEATH
OR PERSONAL INJURY RESULTING FROM SUCH PARTYS
NEGLIGENCE _ THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME JURISDICTIONS DO NOT ALLOW _ EXCLUSION OR
LIMITATION OF INCIDENTAL _ CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION _ LIMITATION MAY NOT APPLY _ YOU.8. U.S. GOVERNMENT END USERS.
The Covered Software _ a commercial item, as
that term _ defined in 48 C.F.R. 2.101 (Oct. 1995),
consisting of commercial computer software (as
that term _ defined at 48
C.F.R. 252.227-7014(a)(1)) _ commercial
computer software documentation as such terms are used
in 48 C.F.R. 12.212 (Sept. 1995). Consistent with
48 C.F.R. 12.212 _ 48 C.F.R. 227.7202-1 through 227.7202-4
(June 1995), all U.S. Government End Users acquire Covered
Software with only those rights set forth herein. This
U.S. Government Rights clause _ in lieu of, _ supersedes,
any other FAR, DFAR, _ other clause _ provision that
addresses Government rights in computer software under this
License.9. MISCELLANEOUS.
This License represents _ complete agreement concerning
subject matter hereof. If any provision of this License is
held _ be unenforceable, such provision shall be reformed
only _ the extent necessary _ make it enforceable. This
License shall be governed by _ law of _ jurisdiction
specified in a notice contained within _ Original Software
(except _ the extent applicable law, if any, provides
otherwise), excluding such jurisdictions
conflict-of-law provisions. Any
litigation relating _ this License shall be subject _ the
jurisdiction of _ courts located in the
jurisdiction _ venue specified in a notice contained within
the Original Software, with _ losing party responsible for
costs, including, without limitation, court costs and
reasonable attorneys fees _ expenses. The
application of _ United Nations Convention _ Contracts for
the International Sale of Goods _ expressly excluded. Any
law _ regulation which provides that _ language of a
contract shall be construed against _ drafter shall not
apply _ this License. You agree that You alone are
responsible for compliance with _ United States export
administration regulations (and _ export control laws and
regulation of any other countries) when You use, distribute or
otherwise make available any Covered Software.10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer _ the Contributors, each
party _ responsible for claims _ damages arising, directly
or indirectly, out of its utilization of rights under this
License _ You agree _ work with Initial Developer and
Contributors _ distribute such responsibility _ an equitable
basis. Nothing herein _ intended _ shall be deemed to
constitute any admission of liability.
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